F. CurtKirschner Jr.

Partner

San Francisco + 1.415.875.5769

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In practice for more than 30 years, Curt Kirschner focuses on the resolution of complex labor and employment disputes, with a particular concentration on addressing employers' rights and obligations relating to disputes arising in the health care and financial services fields. Curt has extensive experience in the defense of "corporate campaigns" brought against employers by labor unions, including the pursuit of litigation against unlawful union activities arising from corporate campaigns. He has negotiated scores of collective bargaining agreements, handled numerous proceedings before the National Labor Relations Board (NLRB) and similar state agencies, advocated on behalf of employers in grievance and interest arbitrations, and provided advice and litigation representation during labor disputes.

Curt has been designated by the American Hospital Association (AHA) as its outside counsel for labor matters affecting the hospital industry. On behalf of the AHA, he has authored amicus briefs and comments on a variety of important policy topics facing hospital employers, including federal preemption of state laws affecting labor-management relations, the NLRB's proposed rule changes, and the proposed expansion of the federal contractor jurisdiction over hospitals.

Curt's employment counseling and litigation experience is similarly extensive. Defending scores of employment lawsuits in state and federal courts and in private arbitration proceedings, he has obtained favorable decisions from juries, judges, and arbitrators in difficult employment cases in many industry sectors, including health care, broadcasting, technology, investment banking, and the public sector. Curt has advised numerous clients on employment classification issues that arise when employees work across multiple jurisdictions, including in telehealth settings.

Experience

  • United Nations University obtains assistance with "Survivor's Package" for survivors of modern slavery and human traffickingJones Day conducted worldwide research for the United Nations University Centre for Policy Research to assist in the development of a "Survivor Package" for survivors of modern slavery and human trafficking.
  • Menorah Medical Center secures victory in National Labor Relations Board decision regarding peer review programsJones Day client Menorah Medical Center, an acute care hospital in Kansas affiliated with HCA, Inc., secured a victory in a case challenging a National Labor Relations Board decision involving the role of labor unions in hospitals' peer review programs.
  • Loma Linda University Medical Center forms clinically integrated networkJones Day advised Loma Linda University Medical Center, an academic medical and research center that operates some of the largest clinical programs in the United States, in connection with the development of University Preferred Health Partners (UPHP), a clinically integrated network serving the Inland Empire region of Southern California. 
  • City of Hope forms precision medicine alliance with TGenJones Day advised City of Hope, a world-renowned cancer and diabetes research and treatment center, in its affiliation with the Translational Genomics Research Institute (TGen), a nonprofit biomedical research institute focused on developing earlier diagnostics and personalized treatments.
  • Verity Health selects Conifer Health for comprehensive revenue cycle managementJones Day advised Verity Health System in the negotiation of a comprehensive hospital revenue cycle management outsourcing agreement with Conifer Health Solutions.
  • Dignity Health purchases revenue cycle management services from Optum360Jones Day represented Dignity Health in negotiating a 10-year management services agreement with Optum360.
  • Dignity Health forms joint venture with Optum InsightJones Day advised Dignity Health, the fifth largest hospital provider in the United States, in the formation of a joint venture with Optum Insight, a provider of information and technology solutions in the health care field.
  • San Francisco Symphony reaches agreement with musicians unionJones Day serves as the representative for the San Francisco Symphony in widely publicized negotiations with the symphony's unionized musicians
  • Dignity Health acquires U.S. HealthWorksJones Day advised Dignity Health, the fifth largest health system in the nation, in its acquisition of U.S. HealthWorks, the largest independent operator of occupational medicine and urgent care centers in the United States.
  • American Hospital Association acts as amicus curiae in case before the Administrative Review BoardJones Day represented American Hospital Association as amicus curiae on behalf of Florida Hospital before the Administrative Review Board in a case involving whether Florida Hospital's receipt of TRICARE reimbursements made it a federal subcontractor subject to the OFCCP's jurisdiction.
  • Sutter Health affiliate obtains affirmance from Ninth Circuit overturning labor arbitrator's awardJones Day, on behalf of San Francisco Hospital California Pacific Medical Center ("CPMC"), a Sutter Health affiliate, persuaded a labor arbitrator to reject an SEIU United Healthcare Workers - West grievance.
  • Port of Oakland defends against unfair labor practice charges stemming from a reduction in forceJones Day is defending Port of Oakland in numerous arbitrations and unfair labor practice charges stemming from a reduction in force.
  • Sutter Health negotiates with SEIU and reaches contract settlement with CNAJones Day provided strategic labor relations advice to Sutter Health and its affiliated hospitals related to some of the most important and publicized labor negotiations in the health care industry.
  • HCA involved in SEIU election agreement arbitrationJones Day advised HCA, Inc. in arbitration proceedings regarding SEIU election agreement issues.
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    JANUARY 2021

    California Supreme Court Rules Dynamex Is Retroactive

    January 2021 Podcasts

    JONES DAY TALKS®: Helping Health Care Providers Fight Human Trafficking

    September 2021 White Paper

    Human Trafficking and Health Care Providers: Legal Requirements for Reporting and Education

    October 2020 Commentaries

    U.S. Customs and Border Protection Expands Ban on Products With Suspect Ties to Forced Labor

    July 2020 White Paper

    Labor Trafficking in Corporate Supply Chains—Summer 2020 Update

    March 2020 White Paper

    Combating Forced Labor: The Increased Use of Withhold Release Orders and Formal Findings

    January 2020 Jones Day Publications

    Jones Day's Anti-Human Trafficking Initiatives 2020-2021

    December 2019 Jones Day Publications

    Labor Trafficking in Corporate Supply Chains—Where We Are Now

    May 2019 Jones Day Publications

    Human Trafficking in the Hospitality Industry: What Industry Participants Should Do to Protect Themselves and Their Customers

    January 2019 Commentaries

    2019 California Employment Legislation Update
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    Speaking Engagements

    • May 27, 2016
      NELI, Traditional Labor Law Update
    • December 4, 2015
      NELI, Traditional Labor Law Update
    • June 9, 2015
      KKR General Counsel & Regulatory Affairs Conference
    • May 14-15, 2015
      2015 Health Care Labor & Employment Symposium
    • January 15, 2015
      Another Round of the Obama Board: Controversial Decisions by a Closely Divided NLRB
    • March 25, 2014
      Affordable Care Act Update -- What You Need to Know from the Recently Issued Final Regulations
    • November 21, 2013
      What's the Deal? The Impact of the Affordable Care Act on Labor Contract Negotiations
    • September 29, 2013
      What Health Care HR Needs to Know about the Affordable Care Act, American Society for Healthcare Human Resources Administration 49th Annual Conference
    • May 30, 2013
      Affordable Care Act - Getting Ready to Pay or Play: ACA Compliance for Smaller and Growing Employers
    • May 29, 2013
      Affordable Care Act - Getting Ready to Pay or Play: ACA Implementation for "Large" Employers
    • April 9 & 10, 2013
      Affordable Care Act: Implementation Issues for Employers, Jones Day Chicago Health Care Conference
    • April 9-10, 2013
      Jones Day 2013 Chicago Health Care Conference
    • October 14, 2010
      2010 California Labor & Employment Law Briefing
    • November 2009
      Jones Day 2008 California Labor & Employment Law Briefing
    • October 8, 2009
      California Labor Outlook, 2009 California Labor & Employment Law Briefing
    • November 2008
      Update on Labor - Management Relations, National Employment Law Conference
    • October 2008
      Labor and Employment Law Update, Jones Day 12th Annual Health Care Compliance Forum
    • September 18, 2008
      Labor Relations in California, Jones Day 2008 California Labor & Employment Law Briefing
    • September 18, 2008
      Jones Day 2008 California Labor & Employment Law Briefing
    • May 2008
      Labor Relations in 2008: A Time of Transition, The Hospital & Healthsystem Association of Pennsylvania
    • January 2007; February 2007
      Strategies for Managing Through a Corporate Campaign, The Leadership Institute Roundtable
    • June 2006
      Corporate Campaigns, American Health Lawyers Association

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